if barack obama is reelected and has to replace the justice and who ifmittromneywereelected? >> well, in terms of obama, the great question the democratic presidents have been asking since clinton is, can you get a non-judge on the court? kagen was not a judge, but her background was judge-like. we were discussing earlier, the court that decided the board of education, one of the justices, not one had been a full time judge before. when alida replaced o'connor, they were all federal court judges. that is a terrible lack of diversity. she knew what it was like to raise money. >> she was a former state legislature. a lot of what comes in front of the court are sta chte statutes. >> for the middle. >> citizens united is a case that talks about giving money to campaigns as if it's a first amendment speech driven process. a politician may say, can i tell you what goes on, why people give money to campaigns? >> yeah. >> i would think, if this president is reelected, because there are so few court of appeals judges who are the right age, he will have to look outside the judiciary, which i a